What is a demand for discovery?
Discovery in Florida is elective. It doesn't happen automatically; the defense files a notice electing to participate, and that triggers the State's obligation to disclose.
The consequence is reciprocity. Electing discovery obligates the defense to disclose certain things in return — witnesses the defense intends to call, and certain evidence and statements.
That's a real consideration, though in practice the exchange overwhelmingly favors the defense, since the State's file is vastly larger and the defense obligation is narrower.
Filing early matters. Video is overwritten, memories fade, and witnesses become difficult to locate. A demand filed at arraignment starts the clock on obtaining material that has a shelf life.
Once filed, it also opens the ability to take depositions in felony cases, which is where the most valuable information usually comes from.
File it early. Some of what you're asking for won't exist in ninety days. ---
Talk to an Attorney — Free
An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.
